Case ID:165018

Sami Lesilele v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Appeal 112 of 2017

Parties:

Sami Lesilele v Republic

Date Delivered:

08 Oct 2020

Case Class:

Criminal

Court:

High Court at Nanyuki

Case Action:

Judgment

Judge(s):

Hatari Peter George Waweru

Citation:

Sami Lesilele v Republic [2020] eKLR

Case History:

Appeal from original Sentence dated 02/10/2017 in Nanyuki CM Criminal Case No 1611 of 2017 – E Ngigi, SRM

Court Division:

Criminal

County:

Laikipia

History Docket No:

Criminal Case 1611 of 2017

History Magistrate:

E Ngigi, SRM

History County:

Laikipia

Case Outcome:

Accused sentenced 12 months imprisonment

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

CRIMINAL APPEAL NO 112 OF 2017

SAMI LESILELE.......APPELLANT

VERSUS

REPUBLIC............RESPONDENT

(Appeal from original Sentence dated 02/10/2017 in Nanyuki CM Criminal Case No 1611 of 2017 – E Ngigi, SRM)

J U D G M E N T

1. The Appellant herein,

SAMI LESILELE,

was convicted upon his own plea of two offences under the

Wildlife Conservation and Management Act, 2013

. The first count was

trespass upon a national reserve

contrary

to

section 102(1) (a)

of the Act. For this offence he was sentenced to a fine of KShs 200,000/00 and in default of payment to serve two (2) years imprisonment.

2. The offence in the second count was

illegal grazing in a national reserve

contrary

to

section

102(2) & (3)

of the Act for which he was sentenced to a fine of KShs 50,000/00 and in default of payment to serve three (3) months imprisonment. The default sentences would of course run consecutively in light of the

proviso

to

section 37

of the

Penal Code.

3. The Appellant appealed only against the default sentence in count one. He was sentenced by the trial court on 02/10/2017. When this court heard his appeal he had been in prison for one (1) year and nearly five (5) months serving sentence. I immediately partially allowed his appeal against sentence be setting aside the default sentence in count one and substituting therefore 12 months imprisonment. That meant that the Appellant had already served the default sentences in both counts, and I directed that he be set at liberty forthwith unless otherwise lawfully held. I will now give the reason for partially allowing the appeal against sentence.

4. Under

section 28(2)

of the

Penal Code

, a fine exceeding KShs 50,000/00 should not attract a default term of imprisonment exceeding 12 months. The default term of imprisonment of two (2) years imposed upon the Appellant in count one was thus unlawful. That is why I set it aside and substituted therefore 12 months imprisonment.

DATED AND SIGNED AT NANYUKI THIS 29

TH

DAY OF SEPTEMBER 2020

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 8

TH

DAY OF OCTOBER 2020